TITLE 89: SOCIAL SERVICES
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AUTHORITY: Implementing and authorized by the Department of Human Services Act [20 ILCS 1305].
SOURCE: Adopted by emergency rulemaking at 24 Ill. Reg. 9250, effective June 14, 2000, for a maximum of 150 days; emergency expired November 10, 2000; adopted at 24 Ill. Reg. 18137, effective November 30, 2000; amended at 26 Ill. Reg. 8547, effective May 31, 2002; amended at 32 Ill. Reg. 7769, effective April 30, 2008.
Section 509.10 Purpose
General − This Part applies to all agencies providing services to the Department and its clients. This rule applies to all Department services and funds, including matching funds, if required as a prerequisite to receiving Department funds. The rule establishes minimum standards for fiscal and administrative recordkeeping. Individual programs and offices within the Department may establish additional requirements specific to their area. In the event of a conflict between this Section and program requirements, the more restrictive interpretation will apply. This Part may not be modified or waived unless provided for within the rule or unless necessary to comply with federal/State laws, regulations, or executive or administrative orders, or unless they are in violation of a valid judicial order or decision.
Section 509.15 Definitions
"Accreditation" – means a process establishing that a program complies with nationally recognized standards of care set by one of the following:
Accreditation Manual for Hospitals (Joint Commission on Accreditation of Healthcare Organizations (JCAHO), One Renaissance Boulevard, Oakbrook Terrace, Illinois 60181, 1993);
Manual on Agency Accreditation (Council of Accreditation of Services for Families and Children (COA), 520 Eighth Avenue, Suite 2202B, New York, New York 10018, 1993);
Mental Health Standards (Joint Commission on Accreditation of Healthcare Organizations (JCAHO), One Renaissance Boulevard, Oakbrook Terrace, Illinois 60181, 1993);
Standards for Services for People with Developmental Disabilities (The Council on Quality and Leadership in Supports for People with Disabilities (The Council), 100 West Road, Suite 406, Towson, Maryland 21204, 1990);
Standards Manual for Organizations Serving People with Disabilities (Commission on Accreditation of Rehabilitation Facilities (CARF), 101 North Wilmot Road, Suite 500, Tuscon, Arizona 85711, July 1992).
"Agency" – means the individual or organization with whom the Department has a contract/agreement for services. The term Provider is synonymous with agency.
"Arm's Length Transaction" – means a transaction between two parties, with neither party having the ability to control or exercise significant influence over the other party in the making or implementing of financial and operational decisions.
"Day" – means a calender day.
"Deemed Status" – means an agency has been accredited by an approved accrediting body as identified in Section 509.110. The Department may deem the agency to be in substantial compliance with all or part of Sections 509.30 and 509.80 at the sole discretion of the Department. Deemed status, however, may be nullified by a finding by the Department that the agency is in substantial non-compliance with one or more of the designated Sections of this Part.
"Department" – means the Illinois Department of Human Services.
"Fee-for-Service" – means a program for which the payments are made on the basis of a rate, unit cost or allowable cost incurred and are based on a statement or bill as required by the Department. Payments made as a fee-for-service are not subject to the Illinois Grant Funds Recovery Act [30 ILCS 705].
"Grant" – means a program that receives all or part of the funding in advance of the actual delivery of services. This includes prorated prospective payments and payments made by the Department on an estimated basis or any other basis when the Department does not know the actual amount earned by the Provider. This does not include advance payments made under the authority of Section 9.05 of the State Finance Act [30 ILCS 105/9.05]. All funds paid as a grant are subject to the Illinois Grant Funds Recovery Act [30 ILCS 705].
"Secretary" – means the Secretary of the Illinois Department of Human Services.